fall 2011 criminal law. part i. introduction to criminal law

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FALL 2011 Criminal Law

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Commonality of Crime All crime requires a guilty state of mind-> Which means the prohibited act was done intentionally or willfully. Scenario: 1. Amy forgets to turn off the stove and a fire starts in her apartment and spreads throughout the building. Does Amy have a guilty state of mind?

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Page 1: FALL 2011 Criminal Law. Part I. Introduction to Criminal Law

FALL 2011

Criminal Law

Page 2: FALL 2011 Criminal Law. Part I. Introduction to Criminal Law

Part I. Introduction to Criminal Law

Page 3: FALL 2011 Criminal Law. Part I. Introduction to Criminal Law

Commonality of Crime

All crime requires a guilty state of mind->

Which means the prohibited act was done intentionally or willfully.

Scenario:1. Amy forgets to turn

off the stove and a fire starts in her apartment and spreads throughout the building.

Does Amy have a guilty state of mind?

Page 4: FALL 2011 Criminal Law. Part I. Introduction to Criminal Law

**A guilty state of mind is NOT motive.**

Motive refers to the reason behind a crime not the level of awareness.

Motive for murder could be revenge, to obtain property, intimidation, etc.

Page 5: FALL 2011 Criminal Law. Part I. Introduction to Criminal Law

Defining a Crime

All crime is composed of specific elementsElements must be proven at a trial for a guilty

verdict*For example, robbery is defined by the following

elements: 1.) the taking and carrying away of goods or money, 2.) the taking from someone’s person, and 3.) use of force or intimidation.

Scenario: Someone breaks into your home when you are not there and takes your property. Can they be convicted of robbery? Why or why not?

Page 6: FALL 2011 Criminal Law. Part I. Introduction to Criminal Law

No!

* If you answered no you are correct. Robbery specifically refers to taking property from a person. If you are not home then they are not taking from a person but from the empty house. This crime would be classified as burglary.

Page 7: FALL 2011 Criminal Law. Part I. Introduction to Criminal Law

Classes of crimes

*Misdemeanor: any crime for which the potential penalty is imprisonment for one year or less.

*Felony: a crime for which the potential penalty is imprisonment for more than a year.

Page 8: FALL 2011 Criminal Law. Part I. Introduction to Criminal Law

Has crime increased or decreased in NC this past decade? Higher or lower than other places?

Crime statistics NC 1960-2010

New York State crime stats

Japan Crime Stats

Page 9: FALL 2011 Criminal Law. Part I. Introduction to Criminal Law

Parties to Crimes

PrincipalAccompliceAccessory before the

factAccessory after the fact* The principal and

accomplice may be charged and convicted of the same crime.

Go to page 103 and complete Problem 8.2 Al Capone video clip

Page 10: FALL 2011 Criminal Law. Part I. Introduction to Criminal Law

Problem 8.2

How will each of the following people be charged? Jeb, Marci, Carl, Shawn

Jeb- principalMarci-accompliceCarl- accessory before the crimeShawn- accessory after the crime

Page 11: FALL 2011 Criminal Law. Part I. Introduction to Criminal Law

Preliminary Crimes

*Solicitation: to ask, command, or advise another person to commit a crime.

*Even if the person you are trying to solicit does not agree to commit the crime, you can still be charged with solicitation.

*Attempt: someone performs all of the elements of a crime but fails to achieve the criminal result.

*Conspiracy: an agreement between two or more persons to commit a crime.

Allows police to arrest someone before a crime has happened.

Go to page 105, read the section on Conspiracy, and answer the following question: Why do some people argue that conspiracy charges violate First Amendment rights?

Page 12: FALL 2011 Criminal Law. Part I. Introduction to Criminal Law

Part I Review

Write the questions and answers in your journal for Journal #17

What does it mean to have a guilty state of mind?What are the elements of a crime? For example?What is the sentencing difference between a

misdemeanor and a felony?What are the 4 roles of people involved in a crime?What does a preliminary crime refer to? For

example?

Page 13: FALL 2011 Criminal Law. Part I. Introduction to Criminal Law

Part II. Crimes against the Person

The major crimes against the person are homicide, suicide, child abuse, assault, and rape.

Various levels exist

Punishment varies depending on the level of the crime and the state where the crime was committed.

Page 14: FALL 2011 Criminal Law. Part I. Introduction to Criminal Law

Homicide Notes

May be either criminal or noncriminal

Criminal if the homicide occurs due to reckless actions

Noncriminal if the homicide is “excusable” or “justifiable” . For example: killing an enemy soldier in wartime, death penalty, self-defense, and when a police officer kills an individual committing a crime.

Page 15: FALL 2011 Criminal Law. Part I. Introduction to Criminal Law

Criminal Homicide

First degreeFelony murderSecond-degreeVoluntary

manslaughterInvoluntary

manslaughterNegligent homicide

Be able to identify examples of each.

Please go to page 108 and define each type of homicide.

Recent North Carolina stats:

2009: 487 homicides2010: 468Change: -4%

http://www.ncdoj.gov/getdoc/85af28c4-333e-4b6c-9ee3-fe30db2a34bf/2010-Crime-Statistics-Annual-Summary.aspx

Page 16: FALL 2011 Criminal Law. Part I. Introduction to Criminal Law

Homicide Scenarios

1. A 22 year old is driving his speed boat at Falls Lake. He has been drinking and his vision is slightly impaired. He collides head on with a jet ski and kills the driver.

2. Two individuals get into a fight outside of a NHL game. Bystanders try to break up the fight but it continues. One of the men beats the other man unconscious. The victim eventually dies later at the hospital.

3. An intruder breaks into a home in the middle of the night to steal property. He ends up getting in an altercation with the homeowner and fatally wounds him.

Page 17: FALL 2011 Criminal Law. Part I. Introduction to Criminal Law

Suicide

The deliberate taking of one’s own life.

Historically considered a crime

Some states today consider attempted suicide a crime

If you help a person commit suicide that is a crime

The CDC reports that on a average a high school student succeeds in killing himself or herself every 15 seconds.

Suicide PSA

Page 18: FALL 2011 Criminal Law. Part I. Introduction to Criminal Law

Suicide Statistics NC

I will open up a document which shows information regarding suicide in North Carolina. Please get the following information from the graphs:

1. What was the gender and ethnicity of the group with the highest suicide rates?

2. Which age group had the highest suicide rates? Why do you think?

3. What method was most used in NC to commit suicide?

4. What method was most used in the US to commit suicide?

5. How does North Carolina compare to the United States in terms of method used to commit suicide? Be specific.

Page 19: FALL 2011 Criminal Law. Part I. Introduction to Criminal Law

Assault and BatteryAssault: attempt or threat to carry out a physical

attack upon another person* Generally is between two people who know each

other.

Battery: any unlawful physical contact inflicted by one person upon another person without consent.

*Not much difference today in the law or practice between these two terms*

*Intent matters, not actual injury**Stalking and sexual assault fall under this topic*

Page 20: FALL 2011 Criminal Law. Part I. Introduction to Criminal Law

Rape

Sexual intercourse without consent.

If a weapon is used it becomes aggravated rape.

Statutory rape: intercourse between an adult and minor. Some states consider a female under age at 12 and some at 16.

*Punishment depends on the victims age,

mental condition, or use of a weapon.

Page 21: FALL 2011 Criminal Law. Part I. Introduction to Criminal Law

Statutory Rape Laws in NC North Carolina § 14-27. 2 et seq.

First-degree rape is sexual intercourse with a victim under age 13 when the actor is at least age 12 and at least four years older.

Statutory rape or sexual offense of person age 13, 14, or 15 is intercourse with someone age 13, 14, or 15 when the actor is (1) at least six years older and (2) between four and six years older.

These crimes are felonies subject to the structured sentencing law with minimums and maximums depending on aggravating and mitigating factors and the offender’s prior record

Mitigating factors: factors that suggest a less severe punishment is appropriate

Aggravating factors: factors that suggest a more severe punishment is appropriate

Statutory Rape Laws by State

**Take notes on this information**

Page 22: FALL 2011 Criminal Law. Part I. Introduction to Criminal Law

Part III. Crimes Against PropertyChapter 10

Crimes against property include:

ArsonVandalismLarcenyEmbezzlementRobberyExtortionBurglaryForgeryReceiving Stolen Property

***Cybercrime**Identity theft

*Be able to define each of the vocabulary words

Page 23: FALL 2011 Criminal Law. Part I. Introduction to Criminal Law

Robbery vs. Burglary vs. Larceny

Robbery: involves taking property from a person and it MUST involve both 1.) theft of property AND 2.) actual or potential physical harm to the victim

*Main difference between larceny and robbery is the use of force*

*Robbery is almost always a felony1960- 107,802010- 367,832Peak of robbery occurred between 1990 to 1994 with

roughly 650,000 robberies reported per year.

Page 24: FALL 2011 Criminal Law. Part I. Introduction to Criminal Law

Robbery vs. Larceny vs. Burglary

Burglary: definition has been broadened to include the unauthorized entry into any structure with the intent to commit a crime, regardless of the time of day. * Sometimes penalties stiffer for burglaries committed at night and/or with a weapon.

Larceny: crime against possession**Elements: 1.) possession vs. custody, 2.)taking control of the

property, 3.)take the property away, 4.)tangible personal property, 5.)of another, 6.) without consent

Grand Larceny (in NC “felonious larceny”)- larceny in the amount of $400 or more .*NY more than $1000, in Virginia as low as $5 if taken from a person or $200 if not taken from a person

Page 25: FALL 2011 Criminal Law. Part I. Introduction to Criminal Law

Computer Crime

A computer is used to commit the prohibited act

Identity theft, fake id, pornography, spreading viruses, bullying, copying software

Punishment for computer crimes vary- rehab vs. jail time and fine.

Some acts you need to be familiar with:

Children’s Internet Protection Act

Computer Fraud and Abuse Act, 1986

National Information Infrastructure Act of 1996

Page 26: FALL 2011 Criminal Law. Part I. Introduction to Criminal Law

Computer Crimes

Cyberbullying: when someone repeatedly harasses, mistreats, or makes fun of another person online or while using cell phones or other electronic devices.

http://www.cyberbullying.us/research.php

Davis vs. Monroe County Board of Education

Page 27: FALL 2011 Criminal Law. Part I. Introduction to Criminal Law

Cyberbullying in North Carolina

As of 2009 NC was one of 19 states to have cyberbullying laws "An Act Protecting Children of this State by Making Cyber-Bullying A

Criminal Offense Punishable as a Misdemeanor."  N.C. Gen. Stat. §14-458.1. 

Addresses students as well as adult Two punishable adult actions: 1.) pretending to be a minor online,

2.)posting private, personal, or sexual information about a minor online

Cyberbullying punishable as a Class 1 or 2 Misdemeanor

Critics argue that law is too broad and stifles freedom of speech

http://www.unc.edu/courses/2010spring/law/357c/001/Cyberbully/state.html

Page 28: FALL 2011 Criminal Law. Part I. Introduction to Criminal Law

Textbook Problems

Make sure Chapter 9 problems 9.1 and 9.2 are completed

Chapter 10 problems 10.3 and 10.4As well as the sheet titled “Comparing

Criminal Justice Data” from November 3Turn them all in when you are done. If they

are one separate sheets of paper please staple them together.